Hotel Syracuse, Inc.

National Labor Relations Board - Board Decisions

Jun 26, 2000

331 N.L.R.B. 72 (N.L.R.B. 2000)

331 NLRB No. 72
1
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Hotel Syracuse, Inc. and International Union of Op-
erating Engineers, Local 832, AFL–CIO.
Case 3–CA–22322
June 26, 2000
DECISION AND ORDER
BY CHAIRMAN TRUESDALE AND MEMBERS HURT GEN
AND BRAME
Upon a charge filed by the Union on January 31, 2000,
the General Counsel of the National Labor Relations
Board issued a complaint on April 20, 2000, against Ho-
tel Syracuse, Inc., the Respondent, alleging that it has
violated Section 8(a)(1) and (5) of the National Labor
Relations Act. Although properly served copies of the
charge and complaint, the Respondent failed to file an
answer.
On May 22, 2000, the General Counsel filed a Motion
for Summary Judgment with the Board. On May 23,
2000, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent filed no
response. The allegations in the motion are therefore
undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide that the allegations in the complaint
shall be deemed admitted if an answer is not filed within
14 days from service of the complaint, unless good cause
is shown. In addition, the complaint affirmatively notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Summary Judgment disclose that the Region, by
letter dated May 8, 2000, notified the Respondent that
unless an answer were received by May 15, 2000, a Mo-
tion for Summary Judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. IURISDICTION
At all material times, the Respondent, a corporation,
with an office and place of business in Syracuse, New
York, where it has been engaging in operation of a hotel
providing food and lodging. Annually, the Respondent,
in conducting its business operations, derives gross reve-
nues in excess of $500,000. Annually, the Respondent,
in conducting its business operations, purchases and re-
ceives at its Syracuse, New York facility products,
goods, and materials valued in excess of $5,000 directly
from points outside the State of New York. We find that
the Respondent is an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the
Act and that the Union is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The following employees of the Respondent, herein
call the unit, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Sec-
tion 9(b) of the Act:

All employees engaged in the operation and mainte-
nance of its heating, ventilating and air-conditioning
equipment located at its facilities of the Radisson Plaza,
The Hotel Syracuse, New York.

At all material times prior to July 1, 1999, the Interna-
tional Union of Operating Engineers, Local 71, AFL–
CIO (Local 71) had been the designated collective-
bargaining representative of the Union, and at all mate-
rial times, Local 71 had been recognized as the represen-
tative by the Respondent. This recognition had been
embodied in successive collective-bargaining agreements
covering the unit, the most recent of which is effective
from July 16, 1997, through July 15, 2000.
At all material times prior to July 1, 1999, based on
Section 9(a) of the Act, Local 71 was the exclusive col-
lective-bargaining representative of the unit. On or about
July 1, 1999, Local 71 merged with the Union, which
thereby became the successor to Local 71.
At all material times since July 1, 1999, the Union, as
the successor to Local 71, has been the designated exclu-
sive collective-bargaining representative of the unit, and
has been recognized as the representative by the Respon-
dent.
The Union, based on Section 9(a) of the Act, is the ex-
clusive collective-bargaining representative of the unit.
From on or about July 1, 1999, through January 31,
2000, the Respondent failed to continue in full force and
effect all of the terms and conditions of the 1997–2000
collective-bargaining agreement described above by fail-
ing to remit to the Union deducted dues for the months of
August, September, October, November, and December
1999 and January 2000 as required under article XXIII of
the agreement.
The subject of deducted Union dues relates to wages,
hours, and other terms and conditions of employment of
the unit and is a mandatory subject for the purposes of
collective bargaining. The Respondent engaged in the
conduct described above without prior notice to the Un-
ion, without affording the Union an opportunity to bar-
gain with the Respondent with respect to this conduct
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
and the effects of this conduct, and without the consent
of the Union.
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has been failing and refusing to bargain collectively
and in good faith with the exclusive collective-
bargaining representative of its employees within the
meaning of Section 8(d) of the Act, and has thereby en-
gaged in unfair labor practices affecting commerce
within the meaning of Section 8(a)(1) and (5) and Sec-
tion 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has violated Section 8(a)(5)
and (1) by failing, since July 1, 1999, to continue all the
terms and conditions of the 1997–2000 collective-
bargaining agreement by failing to remit to the Union
dues for the months of August, September, October, No-
vember, and December 1999 and January 2000 as re-
quired under article XXIII of the agreement, we shall
order the Respondent to remit to the Union the dues as
required by the 1997–2000 contract, with interest as pre-
scribed in New Horizons for the Retarded, 283 NLRB
1173 (1987).
ORDER
The National Labor Relations Board orders that the
Respondent, Hotel Syracuse, Inc., Syracuse, New York,
its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing to continue in full force and effect all of the
terms and conditions of the 1997–2000 collective-
bargaining agreement by failing to remit to the Union
dues for the months of August, September, October, No-
vember, and December 1999 and January 2000 as re-
quired under article XXIII of the agreement.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Remit to the Union the dues for the months of Au-
gust, September, October, November, and December
1999 and January 2000, as required under article XXIII
of the agreement, with interest, as set forth in the remedy
section of this decision.
(b) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, and all
other records necessary to analyze the amount due under
the terms of this Order.
(c) Within 14 days after service by the Region, post at
its facility in Syracuse, New York, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on
forms provided by the Regional Director for Region 3,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since July 1, 1999.
(d) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. June 26, 2000

John C. Truesdale, Chairman

Peter J. Hurtgen, Member

J. Robert Brame III, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union

1 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”

HOTEL SYRACUSE 3
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protection
To choose not to engage in any of these protected
concerted activities.

WE WILL NOT fail to continue in full force and effect all
of the terms and conditions of our 1997–2000 collective-
bargaining agreement with the Union by failing to remit
to the Union dues for the months of August, September,
October, November, and December 1999 and January
2000 as required under article XXIII of the agreement.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL remit to the Union the dues for the months of
August, September, October, November, and December
1999 and January 2000, as required under article XXIII
of the agreement, with interest.